The Patna High Court rejected the petitioners' attempt to quash the lower court's order dismissing their discharge application in a criminal trial, holding that discharge on factual issues cannot be decided under Section 482 Cr.P.C.
Application for quashing the order rejecting the discharge application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14456 of 2014
Arising Out of PS.Case No. -30 Year- 2012 Thana -GORIAKOTHI District- SIWAN ====================================================== 1. Prabhu Nath Singh S/O Late Ramjee Singh 2. Hridaya Singh @ Hridayanand Singh S/O Late Ramjee Singh 3. Mukesh Kumar Singh @ Mukesh Singh S/O Prabhu Nath Singh, All Are Resident Of Village- Shivrajpur Barahaia Tola, P.S- Goreakothi, DistrictSiwan. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raju Prasad, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
2 17-10-2014 The Petitioners seek quashing of the order dated 11.2.2014 passed by the 2nd Assistant Sessions Judge, Siwan in Sessions Trial No.370 of 2013, by which he has rejected an application for discharge.
Considering that the Petitioners seek discharge on questions of fact which cannot be gone into at the stage of 482 Cr.P.C, I am not inclined to interfere in the matter. The application is dismissed.
The Trial Court is directed to conclude the trial expeditiously without granting unnecessary adjournments to any party. For this reason, he shall send a list of the witnesses fixing specific dates for each witness for their examination along with a
Patna High Court Cr.Misc. No.14456 of 2014 (2) dt.17-10-2014
2/2
copy of this order to the S.P., Siwan, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial.
(Anjana Prakash, J)
Narendra/U T
1 issue framed by the court
Whether the High Court can quash the order rejecting the discharge application where the petitioners seek discharge on questions of fact.
Colour shows how this judgement treated each authority
482 Cr.P.CReferred¶4
Prabhu Nath Singh S/O Late Ramjee Singh and Others
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
